QLDIn ForceAct
Adoption Act 2009
sec.109Assessment process
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### sec.109 Assessment process
To assess a person, the chief executive must—
obtain relevant information under division 4 ; and
assess the person’s suitability on the bases stated in division 5 ; and
prepare a preliminary report about the person’s suitability; and
give to the person—
a copy of the report; and
a notice inviting the person to give the chief executive, within a stated period of at least 28 days, a written response to the report, including corrections or comments about the matters stated in the report; and
after considering the person’s response, if any, decide whether the person is suitable.
See division 6 for the steps following the chief executive’s decision.
If, in the course of carrying out the assessment mentioned in subsection (1) (b) , the chief executive is satisfied there is an unacceptable risk mentioned in section 121 , the chief executive must prepare a preliminary report stating that the person is unsuitable without any further assessment under division 5 .
If, in carrying out the assessment mentioned in subsection (1) (b) , the chief executive is satisfied the person is unsuitable on any of the other bases stated in division 5 (for example, because the person does not have the health required under section 122 ), the chief executive may prepare a preliminary report stating that the person is unsuitable without any further assessment under division 5 .
The chief executive must comply with subsection (1) (d) and (e) even if the scope of the assessment is limited under subsection (2) or (3) .
(sec.109-ssec.1) To assess a person, the chief executive must— obtain relevant information under division 4 ; and assess the person’s suitability on the bases stated in division 5 ; and prepare a preliminary report about the person’s suitability; and give to the person— a copy of the report; and a notice inviting the person to give the chief executive, within a stated period of at least 28 days, a written response to the report, including corrections or comments about the matters stated in the report; and after considering the person’s response, if any, decide whether the person is suitable. See division 6 for the steps following the chief executive’s decision.
(sec.109-ssec.2) If, in the course of carrying out the assessment mentioned in subsection (1) (b) , the chief executive is satisfied there is an unacceptable risk mentioned in section 121 , the chief executive must prepare a preliminary report stating that the person is unsuitable without any further assessment under division 5 .
(sec.109-ssec.3) If, in carrying out the assessment mentioned in subsection (1) (b) , the chief executive is satisfied the person is unsuitable on any of the other bases stated in division 5 (for example, because the person does not have the health required under section 122 ), the chief executive may prepare a preliminary report stating that the person is unsuitable without any further assessment under division 5 .
(sec.109-ssec.4) The chief executive must comply with subsection (1) (d) and (e) even if the scope of the assessment is limited under subsection (2) or (3) .
- (a) obtain relevant information under division 4 ; and
- (b) assess the person’s suitability on the bases stated in division 5 ; and
- (c) prepare a preliminary report about the person’s suitability; and
- (d) give to the person— (i) a copy of the report; and (ii) a notice inviting the person to give the chief executive, within a stated period of at least 28 days, a written response to the report, including corrections or comments about the matters stated in the report; and
- (i) a copy of the report; and
- (ii) a notice inviting the person to give the chief executive, within a stated period of at least 28 days, a written response to the report, including corrections or comments about the matters stated in the report; and
- (e) after considering the person’s response, if any, decide whether the person is suitable.
- (i) a copy of the report; and
- (ii) a notice inviting the person to give the chief executive, within a stated period of at least 28 days, a written response to the report, including corrections or comments about the matters stated in the report; and